Record No. 1616-93-1Court of Appeals of Virginia. Argued at Norfolk, Virginia.
Decided: April 4, 1995
FROM THE CIRCUIT COURT OF THE CITY OF SUFFOLK, Rodham T. Delk, Jr., Judge
Byron W. Waters, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.
Leah A. Darron, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.
Present: Judges Baker, Benton and Senior Judge Hodges
MEMORANDUM OPINION[*]
JUDGE JOSEPH E. BAKER.
Victor Eugene Vick (appellant) appeals from his bench trial convictions by the Circuit Court of the City of Suffolk for rape and aggravated sexual assault. The sole issue upon which this appeal was granted and is presented to us is whether the trial court erred by finding appellant guilty of both rape and aggravated sexual battery for the same act, in violation of the double jeopardy protections of the United States Constitution.
Appellant conceded at oral argument that, although his petition for an appeal had urged several other issues at trial, he did not present the issue before us to the trial court for its consideration. Moreover, he conceded to the trial court that double jeopardy was not at issue. Pursuant, therefore, to Rule 5A:18, we affirm the judgment of the trial court.
Affirmed.